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Humanising Legal
Education through
And these tend inward to me, and I
Valuing and Nurturing tend outward to them,
Multiple Intelligences And such as it is to be of these
more or less I am,
Kirsten A. Dauphinais
And of these one and all I weave
LILAC 2009
University of Warwick
the song of myself.
January 23, 2009
Walt Whitman
Song of Myself
Today’s Discussion
I. Howard Gardner’s Theory of Multiple
Intelligences
II. The Intelligences and Their Application to
Lawyering
III. Legal Pedagogy and Testing
IV. Legal Careers
Howard Gardner’s Theory of
Howard Gardner’s Theory of
Multiple Intelligences
Multiple Intelligences
Logical Mthematical Intelligence
-a
Frames of Mind: The Theory of Multiple Linguistic Intelligence
Intelligences
Spatial Intelligence
The Personal Intelligences
A new theory of human intellectual
Musical Intelligence
competences
Bodily K
- inesthetic Intelligence
Natural Intelligence*
Binet IQ Test has relatively little predictive
Spiritual Intelligence*
power outside the school context
Existential Intelligence*
*proposed in Intelligence Reframed - 1999
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Interpersonal Intelligence
Capacity to understand intentions,
motivations, and desires of other people,
and to work effectively with others
Intrapersonal Intelligence
Capacity to understand oneself; to have an
effective working model of oneself; insight
Includes the use of such information in
effectively regulating one’s own life
Self a
- wareness
Self c
- onfidence
Self d
- iscipline
Motivation
Musical Intelligence
Skill in the performance, composition,
and appreciation of musical patterns
Almost parallel structurally to linguistic
intelligence
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Bodily-Kinesthetic Intelligence
Potential of using one’s whole body or parts
of the body to solve problems or fashion
products
For expressive as well as goal directed
-
purposes
gross motor skills
fine motor skills
facial expressions
body language/posture
Natural Intelligence
Core capacities to recognize individuals as
members of a group
To distinguish among members of a species
To recognize the existence of other, neighboring
species
To chart out the relationships among the several
species
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Spiritual Intelligence
Concern with cosmic or existential issues
Achievement of a state of being
Effect on others
Criticisms of
Existential Intelligence Multiple Intelligence Theory
Concern with ultimate issues
Logical and linguistic intelligences
should be valued above others
Capacity to locate oneself with respect to
the furthest reaches of the cosmos and
existence The theory is arbitrary
Ability to imagine and contemplate the
infinite
Multiple Intelligences in Law School
Instruction and Evaluation
Traditional model of instruction
Traditional model of evaluation
Alternatives
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Traditional Model of Instruction Possible Drawbacks to the
in the U.S. Socratic Method
The Socratic Method Favors men
Reading, answering questions about, and Favors whites
applying the rules of appellate decisions
Addresses few intelligences
Can be quite successful in engaging logical
and linguistic intelligences
Traditional Model of Evaluation in the Possible Drawbacks to
U.S. Written Examination
Grades in many courses hinge on a
One T Written Examinations
- ime
single examination
Issue s
- potting
Restrictive format
Application of precedent to fact patterns
Not reflective of multiple intelligences
Effective in evaluating certain
intelligences
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Alternative Methods of
Instruction and Evaluation
Movement away from education as a
“spectator sport”
Multiple Intelligence b
- ased assignments
Instructor can provide varied assignments
that cut across different intelligences
Spatial/Visual Intelligence
Linguistic Intelligence
Paint, draw, or create a mockup of an
Participate in class discussion.
evidentiary exhibit
Create a narrative Create chalkboard or paper charts to
illustrate legal issues
Write a research paper
Design a software program as a study aid
Interview an expert (e.g. citation)
Interpret a chapter of text
Lecture the class
Instructor utilizes chalkboard, multimedia, and
audiovisual equipment as much as
possible
Bodily/Kinesthetic Intelligence Musical Intelligence
Perform in mock oral argument or moot court
Write songs to demonstrate legal principles
Participate in simulations (more on this later)
Incorporate musicality (eloquence) into oral
class performances
Create a skit demonstrating a legal principle
or scenario
Travel to courts and other legal institutions
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Interpersonal Intelligence Intrapersonal Intelligence
Interview legal professionals Write a journal reflecting on a legal
experience
Team teach a legal concept with other
students or the instructor Discuss the ethics relating to a legal
argument
Participate in team o
- riented simulations,
projects, and externships Be diligent in setting and attaining goals
regarding quality and timeliness of work
product (the effort grade)
Engage in regular class participation
Naturalistic Intelligence Spiritual/Existential Intelligence
Act as a leader in the law school community
Effectively compare and contrast legal or even in the classroom
situations
Demonstrate an appreciation of the moral
Demonstrate honed ability to analogize and and philosophical context of a legal debate
distinguish precedent
An Alternative Legal Instruction and
Real-World Applications
Evaluation Paradigm: Simulation
Extended simulation at UND Law School
1. Issue spot
The performance of a lawyering task
using a hypothetical situation which 2. Client intake interview
emulates reality 3. Memo to file
4. Client letter
Can vary in time duration and scope
5. Settlement negotiation
The simple simulation
6. Contract drafting
The extended simulation
7. Negotiation journal
8. Motion brief
9. Oral argument
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Spotting the Knack: Multiple
Intelligences in Legal Career Mentoring
Intelligence identification could aid in career
counseling
Professors uniquely situated to correlate
student strengths with possible career
paths
Chambers v. public interest/public service
Barrister v. solicitor
Overall Criticisms of Multiple
Conclusion
Intelligence Theory in Legal Education
Legal education should change, not students
Diverse and pluralistic society
Traditional teaching style works
Law students are adult learners to be treated with
respect
Some students may not be adequately
Challenge is to support the average student or
prepared
the student who may be extraordinary in a way
that may have gone unrecognized in the past
Some students should not attend law school Maximize effectiveness of representation for an
intellectually diverse society
“No single, central, organizing paradigm will be
adequate.”
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